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Lord Falconer of Thoroton moved Amendment No. 318:


Page 117, leave out lines 25 to 28.

The noble and learned Lord said: I have already spoken to this amendment. I beg to move.

On Question, amendment agreed to.

Lord Falconer of Thoroton moved Amendments Nos. 319 to 321:


Page 118, line 34, leave out ("(2)(e)") and insert ("(2)(f)").
Page 118, line 43, leave out from ("words") to ("there") in line 44 and insert (""sections 37(5) and 39(1) and (2)" there were substituted the words "section 37(5), 38(2) and 39(1) and (2)", and for the words "section 39(1) or (2)"").
Page 118, line 47, leave out from ("Act)") to end of line 1 on page 119.

The noble and learned Lord said: These are three minor amendments to Schedule 8, which is concerned with transitional provisions. Amendment No. 319 corrects a printing error, and Amendments Nos. 320 and 321 concern the transitional arrangements necessary for the implementation of Clause 84--under which short-term prisoners who breach their licence conditions will be recalled to prison in the same way as long-term prisoners--that is to say, on the recommendation of the Parole Board. As I have already indicated, we have no plans to implement Clause 84 at present. With the leave of the Committee, I beg to move the amendments en bloc.

On Question, amendments agreed to.

Schedule 8, as amended, agreed to.

Schedule 9 [Repeals]:

Lord Falconer of Thoroton moved Amendments Nos. 322 to 331:


Page 119, column 3, leave out line 34 and insert--
("In section 16, subsection (10) and, in subsection (11), the words "seventeen or".")
Page 120, line 3, column 3, leave out ("and "of a probation order"").
Page 120, line 4, column 3, at end insert--
("Section 11. Section 14(8).")
Page 120, line 10, column 3, at end insert--
("Section 32(5).")
Page 120, line 21, column 3, at end insert--
("In Schedule 7, paragraph 120(b).")
Page 120, line 28, column 3, at end insert--
("In section 3(1)(a), the words "under section 1A above".")
Page 120, line 34, column 3, at end insert--

3 Mar 1998 : Column 1186

("Section 66(3).")
Page 120, line 38, column 3, at beginning insert--
("Section 69(2).")
Page 120, column 3, leave out lines 42 and 43.
Page 121, line 24, column 3, leave out ("paragraph") and insert ("paragraphs 10, 11 and").The noble and learned Lord said: I have already spoken to Amendments Nos. 322 to 331 and, with the leave of the Committee, I beg leave to move those amendments en bloc.On Question, amendments agreed to.

Lord Falconer of Thoroton moved Amendment No. 332:


Page 121, line 24, column 3, at end insert--
("In Schedule 12, paragraph 17(3).").

The noble and learned Lord said: Amendment No. 332 provides for the repeal of paragraph 17(3) of Schedule 12 to the Criminal Justice Act 1991. That paragraph deals with transitional arrangements for sentences of detention in a young offender institution for 15 to 17 year-olds. The paragraph will become redundant on the introduction of the detention and training order, so therefore should be repealed. I beg to move.

On Question, amendment agreed to.

Lord Falconer of Thoroton moved Amendments Nos. 333 and 334:


Page 121, line 44, column 3, at end insert--
("In section 35(8)(a), the words "to revoke the order and deal with an offender for the offence in respect of which the order was made"")
Page 121, line 44, column 3, at end insert--
("Section 43(4).")

The noble and learned Lord said: I have spoken to these amendments and, with the leave of the Committee, I beg leave to move them en bloc.On Question, amendments agreed to.

Lord Hardie moved Amendment No. 335:


Page 122, line 47, column 3, after ("(7)"") insert (", in the entry relating to the Prisoners and Criminal Proceedings (Scotland) Act 1993, the words relating to sections 1, 3(2), 5, 6(1), 7, 9, 12(3), 16, 17(1), 20, 24, 27(2), (3), (5) and (6) and Schedule 1, in the words relating to section 14 the words "and, in subsection (4), the words "short-term"" and in the words relating to section 27(1), the words "the definitions of "short term prisoner" and "long-term prisoner" and" and "and the words from "but" to the end"").

On Question, amendment agreed to.

Schedule 9, as amended, agreed to.

Clause 96 [Short title, commencement and extent]:

[Amendment No. 336 had been withdrawn from the Marshalled List.]

Lord Hardie moved Amendments Nos. 336A to 339:


Page 76, line 18, after ("section") insert ("and paragraphs 30A, 67 and 74A of Schedule 7 to this Act").
Page 76, line 31, leave out ("section 89") and insert ("sections 89 and (Transitional provisions in relation to certain life prisoners)").
Page 76, line 32, after ("paragraphs") insert ("30A,").
Page 76, line 32, after ("67,") insert ("67A,").

3 Mar 1998 : Column 1187


Page 76, line 32, after ("67,") insert ("67B,").
Page 76, line 34, at end insert--
("( ) section 52(9);").

The noble and learned Lord said: I have already spoken to these amendments and, with the leave of the Committee, beg to move them en bloc.

On Question, amendments agreed to.

Lord Falconer of Thoroton moved Amendments Nos. 340 to 345:


Page 76, line 37, after ("paragraphs") insert ("4A(1) and (3),").
Page 76, line 41, after ("Paragraphs") insert ("4A(1) and (3),").
Page 77, line 1, leave out ("Paragraph") and insert ("Paragraphs 4A(1) and (3) and").
Page 77, line 2, leave out ("that paragraph") and insert ("those paragraphs").
Page 77, line 3, leave out ("Paragraph") and insert ("Paragraphs 4A(1) and (3) and").
Page 77, line 4, leave out ("that paragraph") and insert ("those paragraphs").

The noble and learned Lord said: I have spoken to Amendments Nos. 340 to 345 inclusive and, with the leave of the Committee, I beg leave to move them en bloc.

On Question, amendments agreed to.

Clause 96, as amended, agreed to.

Baroness Farrington of Ribbleton: My Lords, I beg to move, That the House do now resume.

The Deputy Chairman of Committees (Lord Dean of Harptree): The Question is, That the House do now resume. As many as are of that opinion say "content". To the contrary, "not content".

Viscount Colville of Culross: Should not the noble Lord report the Bill to the House with the amendments?

The Deputy Chairman of Committees: I beg the Committee's pardon. I am grateful to the noble Viscount for reminding me of my duties.

Baroness Farrington of Ribbleton: I beg to move, That the House do now resume.

The Deputy Chairman of Committees: The Question is, That the House do now resume. As many as are of that opinion say "content". To the contrary, "not content". The contents have it.

House resumed: Bill reported with amendments.

3 Mar 1998 : Column 1188

Greater London Authority (Referendum) Order 1998

8.28 p.m.

The Parliamentary Under-Secretary of State, Department of the Environment, Transport and the Regions (Baroness Hayman) rose to move, That the draft order laid before the House on 23rd February be approved [24th Report from the Joint Committee].

The noble Baroness said: My Lords, this order covers all the detailed provisions needed to enable the London referendum to take place on 7th May in accordance with the provisions of the Greater London Authority (Referendum) Act 1998. As will be evident, the order is neither a lightweight nor a simple document, but a draft was made available in the Library of the House during the later stages of the Act and I hope that it has proved useful.

In preparing the order, we have drawn heavily on the valuable precedents set by the Referendums (Scotland and Wales) Act 1997. The supplementary provisions worked well in that legislation; indeed, noble Lords will recall that they were specifically debated and approved by this House as a schedule to the Bill.

Of course, in London there are special circumstances because we are combining the referendum poll with the local elections. We have had extensive consultations with returning officers, chief executives and electoral administrators at all stages in drafting this order and I would like to support the comments made earlier today by my honourable friend the Minister for London in thanking these people for all their hard work. They have made a major contribution to our preparations.

The order as a whole takes the usual local election procedures and adapts them for the purposes of the referendum. This approach gives the referendum procedures the usual protections afforded by election law, while also making it possible for the London borough council elections to be held at the same time.

At first glance, the order appears rather complex, but that is not the case as in many places much of it amounts to little more than changing the word "election" to "referendum". However, as I have said, the order contains a number of provisions particular to the referendum and I shall explain the most significant in a little detail.

Article 7 of the order sets out who will act as returning officers for the referendum. This would be the returning officer in the local council election for each London borough.

Article 9 sets out the form for the back of the ballot paper. It is very similar to that used in local elections and follows the form used in previous referendums. The wording on the front of the ballot paper is something about which we had a great deal of debate in this House, and is as prescribed in the schedule to the Greater London Authority (Referendum) Act 1998.

We have held careful consultations on the form of the ballot paper with chief executives, electoral administrators and in particular with the Royal National Institute for the Blind--for whose help we are indebted.

3 Mar 1998 : Column 1189

As a result we have devised a ballot paper which I am told is a fine shade of daffodil yellow and uses a large and bold typeface. I am sure that noble Lords will agree that the design is clear and comprehensible; it is intended to make sure that the referendum ballot paper is able to be read without difficulty by almost everybody. I am placing copies of the proposed ballot papers in the Library of the House.

Article 10 deals with counting the votes. The principal Act provided for the appointment of a chief counting officer for London and of counting officers to count the votes in each borough. It places on those counting officers the normal requirements to make arrangements for the count and gives them the powers to enable them to do so.

Finally, as I indicated earlier, the adaptations made in Articles 12 and 13, and the schedules associated with them, make all the necessary amendments to representation of the people legislation to enable the referendum to go ahead. The adaptations made are broadly equivalent to those in the schedule to the Referendums (Scotland and Wales) Act 1997.

The order follows a well precedented formula which draws upon the valuable work done in the recent Scottish and Welsh referendums. We have consulted extensively with experienced returning officers and others in preparing these considered proposals and have sought to make the whole process as open as possible. The order is essentially a technical measure, but we believe that it will enable an efficient and smooth referendum to take place on 7th May. I commend it to the House.

Moved, that the draft order laid before the House on 23rd February be approved [24th Report from the Joint Committee].--(Baroness Hayman.)


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